CLA-2-61:RR:NC:WA:361 H87397

Ms. Joanna Woo
United-Way International Inc.
Custom House Broker
147-27 175th Street, Room 2B
Jamaica, NY 11434

RE: The tariff classification of women’s knit garments from China.

Dear Ms. Woo:

In your letter dated January 30, 2002, on behalf of your client, Fine Power, Inc., you requested a tariff classification ruling. The submitted sample are described as follows:

Style #8274 - a woman’s sleeveless garment that is similar to a tank top. The sample extends below the waist, and is constructed from 73% silk, 27% nylon knit fabric. The garment features a V-neckline in the front and back, shoulder straps measuring approximately 2 ½ inches in width, oversized armholes, and a self-start bottom.

Style #12-201378A – a woman’s pullover constructed from 73% silk, 27% nylon knit fabric. The garment is sleeveless and features a V-neckline in front, and a rib knit bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction.

Style #11627B - a woman’s top constructed from 73% silk, 27% nylon knit fabric. The garment features spaghetti straps, two panels that cross each other forming a V-neckline in front, and a tubular bottom. The upper back is cut straight across from side seam to side seam.

We are returning your sample as you requested.

The applicable subheading for Style #8274, will be 6109.90.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of other textile materials, containing 70 percent or more by weight of silk or silk waste, women’s or girls’. The rate of duty will be 5.5% ad valorem.

The applicable subheading for Style #12-201378A, will be 6110.90.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of other textile materials, containing 70 percent or more by weight of silk or silk waste, other, women’s or girls’. The rate of duty will be 5.5% ad valorem.

The applicable subheading for Style #11627B will be 6114.90.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of other textile materials, containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 1.9% ad valorem.

Style #’s 8274, 12-201378A, and 11627B, fall within textile category designation 739. Based upon international textile trade agreements products of China are not subject to quota restraints or visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela DeGaetano at 212-637-7029.

Sincerely,


Robert B. Swierupski
Director
National Commodity
Specialist Division